stopgassingtexaspets

It seems that a particular animal shelter doesn't like the public knowing that they use a gas chamber to euthanize not only their city's animals, but another city and county's animals as well.  The city I am speaking of is San Marcos which is located outside Austin on the way to San Antonio.  San Marcos contracts with the City of Kyle and Hays County.  I am still not sure if Kyle and Hays knew that the shelter uses a gas chamber.

HERE IS THE INITIAL EMAIL

From: Brinkley, Mark [mailto:MBrinkley@sanmarcostx.gov]

Sent: Monday, May 24, 2010 4:24 PM

To: asmoses@austin.rr.com

Cc: Cobb, Rodney; Jamison, Collette; Commissioner Debbie Ingalsbe; mayor@cityofkyle.com

Subject: Euthanasia

Please stop lying to our shelter partners about how we euthanize animals at the shelter. We use EBI and have proven it.

Mark A. Brinkley, R.S.

Assistant Director - Community Services

Environmental Health & Animal Services

401 E. Hopkins

City of San Marcos Texas

Office: 512.393.8442 Fax: 512.353.7273

mbrinkley@sanmarcostx.gov

HERE IS MY RESPONSE  (why calling me a "liar" just doesn't match up with the FACTS!)

I recently submitted an open records request to the City of San Marcos. I received a response from Ms. Cynthia Knox that the cost for the records responsive to my request totaled $17.70. I mailed payment to the City. I have attached this invoice. The response I received from Ms. Knox did not address my request. See email below. However, Ms. Knox did send me a 127-page report on animals euthanized at the City of San Marcos animal shelter from September 25, 2009 to April 28, 2010. During this time period animals were euthanized via carbon monoxide (gas) chamber.

Your shelter IS euthanizing some animals via sodium pentobarbital (injection). Under the Texas Administrative Code these animals MUST be euthanized via lethal injection.

TITLE 25

HEALTH SERVICES

PART 1

DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 169

ZOONOSIS CONTROL

SUBCHAPTER D

STANDARDS FOR ALLOWABLE METHODS OF EUTHANASIA FOR ANIMALS IN THE CUSTODY OF AN ANIMAL SHELTER

RULE §169.84

Allowable Methods of Euthanasia

(12) Carbon monoxide shall not be used to euthanize any animal reasonably presumed to be less than 16 weeks of age. Carbon monoxide shall also not be used to euthanize any animal that could be anticipated to have decreased respiratory function, such as the elderly, sick, injured, or pregnant. Such animals may be resistant to the effects of carbon monoxide and the time required to achieve death in these animals may be significantly increased. In animals with decreased respiratory function, carbon monoxide levels rise slowly, making it more likely that these animals will experience elevated levels of stress

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=25&pt=1&ch=169&rl=84

In regards to your statement “Please stop lying to our shelter partners about how we euthanize animals at the shelter. We use EBI and have proven it.” This email should provide clarification to your shelter partners, the City of Kyle and Hays County that your shelter does indeed euthanize via EBI as required by law as well as euthanasia via gas chamber.

I am asking that the City of San Marcos, City of Kyle and Hays County join the 185 Texas cities and counties that do NOT use a gas chamber.

Thank you for your time.

Sincerely,

Audrey Sitomer Moses, M.S.

www.STOPgassingtexaspets.com

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From: Audrey S. Moses [mailto:asmoses@austin.rr.com]

Sent: Sunday, May 23, 2010 6:39 PM

To: 'Knox, Cynthia'

Subject: RE: Invoice

Ms. Knox:

I am in receipt of the package you sent me which you explained would be in response to my open records request. The 127 page report I paid $17.70 for does NOT answer ANY of the questions raised in my request. There is nowhere in my request that I ask for such a report to be generated. I have included a copy of my open records request below.

I have sent the same open records request to over 200 cities and counties across Texas and have received NO such report as a response to my request. If your shelter DOES use any of the methods below to euthanize animals then I am asking for #1 inspections of the chamber, #2 maintenance records of the chamber and polices/procedures that would cover #3 and #4. Finally, the last item #5 asks for funding sources for animal control and animal shelter.

I will be expecting documents that are responsive to my request. Until then I will consider my open records request open.

I will be looking forward to your prompt response. I appreciate your time.

Audrey Moses

This is an Open Records Request under the Public Information Act, Chapter 552 of the Texas Government Code. I am requesting the following documentation relating to the City of San Marcs Animal Shelter and Animal Control Department. This request applies ONLY if the animal shelter/department uses the following methods to euthanize animals. If these methods are not utilized then I ask for something in writing, preferably on letterhead, stating this and that none of these items exist on the property.

Carbon monoxide gas (gas chamber)

Decompression chamber

Exhaust from gasoline engine

I am asking that the documentation below date back to September 25, 2009 through the date of this request unless otherwise indicated.

1. Any and all documents relating to inspections of the carbon monoxide gas chamber/s in use at your animal control facility/ animal shelter by a Public Health Official since January 1, 2008.

2. Any and all maintenance records relating to the carbon monoxide gas chamber/s in use at your animal control facility/ animal shelter since January 1, 2008.

3. Written standard operating procedures as they apply to chain of command, selection and euthanasia of animals. To include method used to confirm death of animal as well as number and types of animals that can be euthanized in the gas chamber at one time.

4. Policy regarding sedation method/s used on animals at your facility prior to being gassed (killed).

5. A list of all funding sources for animal control division and animal shelter.

For clarification or questions I can be reached via email at asmoses@austin.rr.com or by phone at XXX-XXX-XXXX. I ask to be notified when the items above are available so that I can choose whether to inspect the requested information, receive a copy of the information or both. You are welcome to provide all of these records to me on computer disk or in PDF format, if you prefer.

Your attention to this matter is greatly appreciated.

Sincerely,

Audrey Sitomer Moses, M.S.

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From: Knox, Cynthia [mailto:CKnox@sanmarcostx.gov]

Sent: Friday, May 14, 2010 9:18 AM

To: asmoses@austin.rr.com

Subject: Invoice

Ms. Moses,

Attached is the invoice with the postage added. Please sign and date the invoice and return with your payment. When I have received you payment and invoice, I will mail the information. Thanks!!!

Cynthia K. Knox

City of San Marcos

City Clerk's Office

Records Management Program Administrator

630 E. Hopkins St.

San Marcos, Texas 78666

512.393.8095 office

512.396.1576 fax

cknox@sanmarcostx.gov